HomeMy WebLinkAboutOrdinance 2010-002 - Dest Resort Map ProceduresREVIEWED
LEGAL COUNSEL
L
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Adding Deschutes County Code
Title 22, Deschutes County Development
Procedures, Adopting Destination Resort Map
Amendment Procedures, and Declaring an
Emergency.
ORDINANCE NO. 2010-002
WHEREAS, the Board of County Commissioners ("Board") directed staff to initiate a plan amendm .nt
to adopt map amendment procedures for destination resort remapping; and
WHEREAS, the Deschutes County Planning Commission held a duly noticed pubic hearing on
November 19, 2009, and on December 2, 2009 on Destination Resort Procedures; and
WHEREAS, the Deschutes County Planning Commission on December 2, 2009 forwarded a
recommendation to the Board to adopt the Destination Resort Procedures; and
WHEREAS, the Board held a duly noticed public hearings on January 20, March 1, April 5, and April
19, 2010;
WHEREAS, the Board closed the hearing to oral testimony, but left the written record open rntil
Monday, May 24, 2010 at 10:00 a.m.; and
WHEREAS, the Board finds it in the public interest to adopt the Destination Resort Procedures; now,
therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS
as follows:
Section 1. ADDING. DCC 22.23, Destination Resort Map Amendment Procedures, is hereby added to
read as described in Exhibit "A" attached hereto and by this reference incorporated herein.
Section 2 FINDINGS. The Board adopts as its findings Exhibit "B" attached to Ordinance 201(-001
and incorporated by reference herein.
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PAGE I OF 2 - ORDINANCE NO. 2010-002
Section 3 EMERGENCY. This Ordinance being necessary for the immediate preservation of tl e
public peace, health and safety, an emergency is declared to exist, and this Ordinance takes effect on its passage.
Dated this V of
ATTEST:
(6.7/11/1/t.t1,-
, 2010 BOARD OF COUNTY COMMISSIONERS
OF DESCHLUTES COUNTY, OREGON
Recording Secretary
Date of 1V' Reading: �` day of
R. LUKE, Chair
ALAN UNGER, Vice Chair
4110 110:461
:�.
TAS Y BA , Commis i ner
, 2010.
Date of 211 Reading: ( day of , 2010.
Record of Adoption Vote
Commissioner Yes No Abstained Excused
Tammy Baney
Dennis R. Luke
Alan Unger
Effective date: (— day of
Tom; 2010.
PAGE 2 OF 2 - ORDINANCE NO. 2010-002
Chapter 22.23. DESTINATION RESORT MAP AMENDMENT PROCEDURES
22.23.010. Destination Resort Map Amendment Procedures.
The existing comprehensive plan map of sites eligible for destination resorts ("eligibility map") may be
amended as follows:
A. All amendments to the eligibility map shall be processed simultaneously and no more than once every
30 months.
B. The deadline for applications for the first eligibility map amendment shall be the first Tuesday in
September by 5:00 p.m.
C. Lands shown on the existing eligibility map but unable to comply with DCC 23.84.030(3)(a),
23.84.030(3)(b), 23.84.030(3)(c) and 23.84.030(3)(d) will remain on the eligibility map if property
owners file a formal request with the Deschutes County Community Development Department on an
authorized county form by the first Friday in January at 5:00 p.m. to remain eligible.
D. All lots in a previously platted and developed subdivision shall be eligible to remain on the eligibility
map in the same manner as DCC 22.23.010(C).
1. Each lot in the subdivision must contain a deed restriction or Covenant, Condition and Restriction
that authorizes the original developer of that subdivision, or its successors in interest, to apply for
conversion of the subdivision to a destination resort;
2. The orifinal develo ser of that subdivision or its successors in interest ma as 11 on behalf of
all of the individual lot owners to remain on the eligibility map.
E. In addition to any other county code provision regarding notice, 30 days prior to the end of the next 30 -
month period for amendments to the eligibility map, Deschutes County shall publish a notice
announcing opportunities for property owners to apply for an amendment to the eligibility map.
F. Property owners must file applications for an eligibility map amendment prior to the last day of the 30 -
month period by 5:00 p.m.
G. Any additional applications filed after the deadline in DCC 22.23.010(C) will be processed at the end of
the next 30 -month cycle.
H. Applications to either remove property from or add property to the eligibility map may be initiated by
the Board, or, if by a property owner, shall:
1. Be submitted by the property owner or a person who has written authorization from the property
owner as defined herein to make the application;
2. Be completed on a form prescribed by the Planning Director;
3. Be accompanied by the appropriate filing fee, unless such fees are waived by the Board of County
Commissioners;
4. Include documentation that demonstrates compliance with DCC 23.84.030(3)(a), 23.84.030(3)(b),
23.84.030(3)(c) and 23.84.030(3)(d);
5. For applications adding properties to the eligibility map, the applicant will be required to
demonstrate consistency with the Transportation Planning Rule at OAR 660-012-0060.
I. The planning director shall retain any applications received prior to the expiration of the 30 -month
period.
J. Multiple applications shall be consolidated.
K. The planning director shall schedule the hearing before the planning commission or hearings officer
after the expiration of the 30 -month period.
(Ord. 2010-002 §1, 2010)
PAGE 1 OF 1 — EXHIBIT "A" TO ORDINANCE 2010-002
